Treating donors fairly

This guidance applies to:

• Charities, agencies, partners and other fundraisers acting for the charity
• Trustees and senior managers
• Staff and volunteers who fundraiser

Each donor has their own background, needs and wishes. A person’s age, disability, health or appearance alone does not tell you how to treat them. Making choices based only on such traits could be unfair or discriminatory.

Everyone should have the chance to donate if they wish. Respond to each person’s needs and preferences so that they can make an informed choice. A person in vulnerable circumstances may still choose to give.

At times, a fundraiser should not ask for a donation. At other times, the donor may need more care or support to decide. Charities and agencies should make sure fundraisers understand that a person’s needs are put ahead of getting a donation.

Be respectful

Notice a donor’s needs. Respect their wishes and preferences.

Be responsive 

Adapt your approach to the person. Ask questions and take extra steps when needed.

Be fair 

Treat people are individuals. Do not decide what they need based only on how they look or speak, or on a health condition or disability.

Be accountable 

Take responsibility for your actions. Follow the Code of Fundraising Practice. Set out the procedures you need and be ready to explain your decisions.

The Code of Fundraising Practice

The Code of Fundraising Practice sets fundraising standards across the UK. It includes legal duties and standards set by the Fundraising Regulator. In Scotland, the Scottish Fundraising Standards Panel uses it to assess complaints. Fundraisers should review the Code often and follow its standards. Section 5.2 covers fundraising and vulnerability.

The Fundraising Regulator has placed more focus on governance, oversight of third parties, complaints and openness in the new Code.

Rule 1.2.6 says: “You must take all reasonable steps to treat existing or potential donors fairly, so that they can make an informed decision about any donation.”

The Regulator also has guidance on donors in vulnerable circumstances.

Legal requirements for treating people fairly

Under the Equality Act 2010, fundraising in England, Wales and Scotland must not discriminate against people with legally protected characteristics. Northern Ireland has its own equality laws. Each protected characteristic has its own law there. The Equality and Human Rights Commission and the Equality Commission for Northern Ireland provide more information.

Charities Act 2016 requirements

The Charities (Protection and Social Investment) Act 2016 adds duties for charities registered with the Charity Commission for England and Wales. Written agreements with professional fundraisers and other commercial third parties must cover:

• The fundraising standards the commercial body agrees to follow
• How it will protect people in vulnerable circumstances and others from undue pressure, repeated approaches and unreasonable intrusion into their privacy
• How the charity will check that the commercial body follows the agreement

The charity’s annual report must also state:

• Whether a professional fundraiser carried out the fundraising
• Whether that fundraiser belongs to a voluntary or regulatory scheme, and whether it failed to follow that scheme
• If and how the charity checked the fundraiser’s work
• How many complaints it received about fundraising
• What it did to protect people in vulnerable circumstances during fundraising.

6.1 General Conduct

You must fundraise honestly and with respect. Do not mislead people. Train fundraisers on your policy for donors in vulnerable circumstances. Fundraisers must not pressure donors, exploit emotional distress, or misstate the impact or urgency of an appeal.

6.2 Digital Fundraising and Online Engagement

Digital fundraising must be fair and clear. Make donation steps easy to follow. Do not use tricks or misleading prompts. Explain repeat donations in an accessible way. Let donors change or cancel them easily.

6.3 Third-Party Fundraising

You remain responsible for fundraising done on your behalf. Check third parties before you appoint them. Put this policy in their contracts, check their work, and make sure they know and follow your policy. See the CIOF Partnerships guidance for more detail.

6.4 Informed choices

Help donors make informed choices. Give clear, accurate and timely facts about your work and funding needs. Make asks easy to understand. Avoid vague or complex wording.

There is an important difference between two situations. A person may lack the capacity to make a decision. Or they may have capacity but need more help or information to decide whether to give. Charities and agencies must ensure that fundraisers understand this difference and are able to respond with care.

Mental capacity to make a decision

Mental capacity means being able to make a decision. A decision could be about lunch or about buying a house. Assume a person has capacity unless it is shown that they do not. A choice that others see as unwise does not, by itself, mean the person lacks capacity.

Most fundraisers cannot make a formal capacity assessment. That needs special training. If you are a fundraiser, focus on your own actions and on the support the person needs. Ask about support needs where it is suitable. Give information in an accessible format and adapt how you communicate.

Do not ask for a gift if you reasonably believe a person cannot decide. You may pause or refuse a gift they offer. If evidence later shows that the person lacked capacity when they gave, the gift is invalid and the charity must return it.

The Mental Capacity Act 2005 applies in England and Wales. A person may have capacity yet be in vulnerable circumstances. The effect of a condition varies. For example, one person with dementia may be able to make most financial choices with some help. Another may be unable to make those choices. Respond to each person and keep the legal context of capacity in mind.

Vulnerable circumstances

Anyone may need extra care at some point. Health, loss, life events and other factors can affect people in different ways and for different lengths of time. One person may cope with a death in the family; another may need support for longer.

A person in vulnerable circumstances may still have capacity to give. Look at their situation when they decide. A person who has recently lost someone might have capacity but need more time or help. Their needs may change later.

A fundraiser could offer extra safeguards. For example:

• wait before accepting a gift so the donor can think
• offer a period in which they can change their mind
• suggest advice from someone they trust or another source of support.

7.1 Supporting fundraisers to respond in the moment

A fundraiser may need to respond during a short call or meeting, even while under pressure. This is common for phone and face-to-face teams. Organisations should give staff simple tools they can use at once. Training should include practice, as well as information.

Before: Teach fundraisers to learn the possible signs that a person needs support. The Fundraising Regulator’s guidance suggests considering the BRUCE protocol when engaging with donors. Ensure fundraisers know their charity’s policy, who to ask for help and how to raise a concern.

During: Check that the person understands. Give them time. Do not push for an answer and know when to pause or stop asking.

After: Make an accurate record and follow data protection rules, including rules on special category data. Fundraisers should have the opportunity to speak with a manager or colleague after a difficult exchange and make any safeguarding referrals without delay.

Empower: Help donors decide for themselves. Give clear choices and information. Do not assume what someone can do because of age, disability or another trait.

Support: Give more time, facts or reassurance if needed. This can include slowing down your speech, giving the person the opportunity to go away and think about it, offering to write things down for them, or to come back to them at a later stage.

Protect: If a fundraiser reasonably believes the person cannot make an informed choice, they should pause the ask or decline the gift. Raise a safeguarding concern if needed.

Training, preparation and follow-up matter as much as the exchange. A fundraiser should start by helping the person choose, and be trained and prepared to take more active steps if the situation calls for them.

Staff wellbeing

This approach can also help staff manage hard moments. Organisations should build it into induction and refresher training. Use role play and real cases. Give staff a named contact or manager to call on. Let them talk through a hard exchange. Refresh training often so staff keep their skills.

7.2 Factors that may call for extra support

A person may need extra support because of:

• a major life event, such as loss, job loss, illness or caring duties
• trouble understanding or remembering facts needed for a choice
• a barrier linked to language, literacy, senses, thinking or digital access
• money pressures that make it hard to judge the effect of a gift
• stress, anxiety, distress or tiredness at that time
• the effects of alcohol, drugs or medicine.

No one factor may prove that a person needs support. Their needs may arise from their situation and the setting in which they must decide.

7.3 Signs that someone may need additional care or support

Organisations should help their fundraisers become aware of signs or indicators that could mean a person is in a vulnerable situation.

Notice how a person responds. Ask follow-up questions and offer support when needed. However, it is important to note that a sign, or the lack of one, does not prove whether someone is in vulnerable circumstances. Treat each person with care and respect.

Important. A physical difficulty does not mean a person lacks capacity or is vulnerable. But distress caused by a physical difficulty may affect their choice at that time.

Some signs are easier to notice in person than by other means. Stay alert to signs that the person may not understand the choice they face.

7.4 Examples of signs

A person may have trouble understanding or using information. They might ask unrelated questions, lose track of the subject, ask you to repeat facts often, give answers that suggest they have not understood, take a long time to answer a simple question, or forget a recent gift.

They may say they feel unwell or wish to stop. Breathlessness, distress or discomfort may also be signs. They may say someone else usually deals with such matters or appear rushed or upset. A family member may contact the charity for them. An unusually large gift, along with other signs or no past link to the charity, may call for care. None of these signs alone settles the question.

Organisations should train their fundraisers to take reasonable steps to help people understand the information and the gift they are asking them to make. Notice signs that they need support and respond to those needs. If a fundraiser reasonably believes someone lacks capacity to decide, they should not ask for a gift. End the exchange with care.

A fundraiser may also be having a hard day or may need more training. Adapt your response to the person and the situation. The ideas below are options, not steps to use in every case.

8.1 Ways to offer support

• Speak clearly, without shouting. Use plain English as much as possible and repeat facts if needed
• Use the person’s own terms when that helps them understand
• Be patient. Do not rush a decision
• Offer other languages or accessible formats if possible
• Ask if they want to speak to someone else before they decide
• Check they have understood and explain anything that is unclear.

If the interaction is taking place over the phone

• Offer another way to talk, such as video instead of a phone call
• Say why you have made contact. Let the person pause, stop or wait
• As if they prefer a letter, email or another time.

Think about the amount and tone of your messages. Some people prefer the phone and find other technology hard to use. Do not pressure anyone to give. Some people in vulnerable circumstances may find it harder to say no.

8.2 Review your fundraising

Materials and messages

Check the materials you send. Could a larger font, captions on videos, a different language or a different tone help?

Training

Check staff training and the methods used by partner agencies. Are you confident that fundraisers can notice when someone may need support and respond well? Review this training regularly – make sure fundraisers receive refresher training and practice over time to maintain confidence and consistency. Vulnerability training should not be viewed as a one-off activity.

Donors and approaches

Learn donors’ preferences when you can. Think about your cause and the people it serves. A hospice, for example, may need a clear approach to fundraising with bereaved families.

Testing and feedback

Test materials with donors and ask how they respond. Give them a clear way to choose whether, when and how your charity contacts them again.

8.3 Ending a conversation and follow up action

Make a record of the exchange. Where suitable, write to the supporter to confirm what you did and why. If they donated, you could do this through your usual thanks and care process. Tailor the message and give both sides a record.

At times, the fundraising team may need to review a gift after taking the details. They may then confirm the gift with the supporter or ask more questions.

If you decide not to ask for a gift, end the exchange with care. You could offer written facts and more time, ask what support the person needs, or agree a later call.

If someone tells you about a condition or situation, you may suggest a suitable service, such as the NHS or another charity. Do this only if you are sure it suits the exchange. Such a suggestion could upset or offend someone. Where suitable, ask about the person's wishes for future contact before you finish.

Your charity should have a policy that says who can decide and what legal and other risks to weigh. Include gifts from people in vulnerable circumstances. Having a policy in place before it is needed helps any decision to accept or refuse be about the organisation and its position. This is preferable to the decision being about that particular person or circumstance.  See the guidance on creating a donations acceptance and refusal policy.

If you get evidence that a donor lacked capacity when they gave, the gift is invalid and should be returned. If a donor asks to cancel, stop any direct debit or regular gift. This includes a donor who lacked capacity for a time when they gave. Confirm the change in writing where possible and check their wishes for future contact.

Other cases are less clear. The person may have had capacity but lacked facts, been in vulnerable circumstances, or lost capacity after setting up a regular gift. Review your policy and seek the right guidance.

Charities have a duty to maximise income. A valid gift becomes charity property. A charity can return it only when it meets the legal conditions and follows the needed steps. If a person with power of attorney says the donor could not make an informed choice when they gave, the charity should return the gift.

Weigh the value of the gift against any harm to the charity's reputation from keeping it. In general, you must be reasonably satisfied that the harm outweighs the financial benefit before you refuse or return a gift. The amount and the way it was given matter. Follow your policy and record your reasons.

If trustees feel a moral duty to return a gift, follow guidance from the relevant regulator: the Charity Commission for England and Wales, the Scottish Charity Regulator, or the Charity Commission for Northern Ireland.

For a small gift, a full review may take too much time and effort. Your policy may allow you to return or refuse gifts below a set value in such cases. You are unlikely to need to contact the relevant regulator for a low value gift.